Senior Citizen Act Verdict against Father's will


My brother residing in US filed case with district court along with my mother for ill treatment and non-maintenance of my mother. The history is my late father willed the property to myself, mother and my brother equally (1/3rd each). However since the death of my father he wanted to sell the house and take the money to US (along with my mother). Because of this I had some verbal fights/abuses with my mother which are on record (voice recordings). Thus the district court using Senior Citizen Act law ruled in the favor of my mother citing those recordings and didn't listened to my side of the story. Also the court has given the complete ownership to my mother and verdict to evict the property. The court didn't consider father's will as my mother told that this is self build property by my father and her and she has the claim to this property after father's death. Can district court give the absolute ownership to my mother and void my father's will ? If not where can I challenge this ?

Answers (3)


61 votes

you can file appeal in high court your share cannot be granted to any one further is the will a registered will has the will been chalanged. Was the case filed for devision of property or harrasment. further an appeal can be filed regardless


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

123 votes

Dear client, rules and Laws of property are not same in US and India. If the case is filed fought in US you can only appeal against its verdict in US.
however, if the property is existing in India you well can have 1/3 right over it if it has been pleaded that either your father died intestate or made a will in your and other's name as beneficiary.
pl contact a prudent Advocate of this field to assist you in the case meticulously.

Popular Property Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Jaspreet Singh Rai
Greater Kailash 1, Delhi
17 years Experience
188 votes

yes appeal provision is there in the senior's citizenship Act and absolutely ownership along with judgement can very well be questioned in the appropriate court for further action. you can reach us here.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles